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ADDENDUM III TO CONCEPTUAL APPROVAL AGREEMENT .. -~,.,. r. I ,..... J I CONTRACT # 9't ..er:.2 Y-CjY.56oA /-023 FLORIDA COMMUNITIES TRUST AWARD #95-023-P56 ADDENDUM III TO CONCEPTUAL APPROVAL AGREEMENT THIS ADDENDUM III to the Conceptual Approval Agreement is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"). a nonregulatory agency within the State of Florida Department of Community Affairs, and the CITY OF CLEAR WATER ("FCT Recipient"), this~~day of 1\~ ,1997. WHEREAS, the parties hereto entered into a Conceptual Approval Agreement which sets forth the conditions of conceptual approval that must be satisfied by FCT Recipient prior to the receipt of the FCT Preservation 2000 award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 award; 1996; WHEREAS, the initial term ofthe Conceptual Approval Agreement expired November 8, WHEREAS, the Conceptual Approval Agreement was amended by ADDENDUM I to expire May 8, 1997, and by ADDENDUM II to expire November 8, 1997; WHEREAS, the FCT Recipient in accordance with GENERAL CONDITIONS paragraph 3 of the Conceptual Approval Agreement and in compliance with Rule 9K-4.010(2)(k), F.A.C.. has timely submitted to FCT a written request for extension of the November 8, 1997, deadline; WHEREAS, GENERAL CONDITIONS paragraph 14 of the Conceptual Approval Agreement states that the agreement may be amended at any time prior to FCT giving final project plan approval to the FCT Recipient. Any agreement must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT; WHEREAS, the parties hereto desire to extend the term of the Conceptual Approval Agreement as provided by Rule 9K-4.010(2)(k), F.A.C.; NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows: 1. Notwithstanding the language of Section I. GENERAL CONDITIONS, paragraph 3. and paragraph 14., the parties hereby agree to revive it nunc pro tunc as though it had not lapsed in accordance with paragraph 3. 2. In every respect, this amendment is to be construed and applied as though the parties had both signed it before November 8, 1997. ADDIII\95-023-P56 9-24-97 1 ~ .,- ~ ;~ I I 3. The Conceptual Approval Agreement by and between FCT and FCT Recipient is hereby extended until May 8, 1998. 4. The date of execution of this addendum shall be the date that the last party signs this addendum. THIS ADDENDUM In TO CONCEPTUAL APPROVAL AGREEMENT, ADDENDUM II, ADDENDUM I, the CONCEPTUAL APPROVAL AGREEMENT and its Exhibits "A", "B", and "C" embody the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM III TO CONCEPTUAL APPROVAL AGREEMENT. CITY OF CLEARWATER By: ! FLORIDA COMMUNITIES TRUST "7 Title: C'TY /"Y/AN.4 f;CR.. Date: Date: (I ~ tf- 9 7 Accepted as to Form and Legal Srn;Y~l Date: jfJ/, /17 I I Accepted as to Form and Legal Sufficiency: r- ADDIII\95-023-P56 9-24-97 2